Don's Discussion

Are you a member with a question? Contact IA&B Legal & Corporate Affairs Director Don Bankus at 717-918-9204 or DonB@IABforME.com.

QUESTION:

Is an email disclaimer required by law?

ANSWER:

While it’s prudent (from an E&O perspective) to include language on agency emails proactively notifying recipients that coverage can’t be modified, or a claim submitted, via email, use of such a disclaimer is not required by law.

IF IT’S NOT REQUIRED BY LAW, WHAT ARE THE BENEFITS OF USING AN EMAIL DISCLAIMER?

Some of the benefits include:

▲ As a part and parcel of interacting with your customers, an email disclaimer expressly puts an insured on notice that they cannot and should not rely on the fact that if they send you an email requesting a coverage change, or notifying the agency of a claim, such a request or notification will be processed by the agency simply because the insured pushed the send button and sent you an email; and

▲ Using an email disclaimer represents a risk management technique your agency can use to control or minimize E&O exposures associated with electronic communications, and should be utilized in conjunction with other related risk management techniques, including email filtering and implementing an agencywide email policy.

CAN YOU GIVE AN EXAMPLE OF AN EMAIL DISCLAIMER?

The following represents a sample of commonly used email disclaimer language:

A coverage modification or claim submitted via email will not be considered reported until such time as our agency acknowledges receipt of the request/information, and confirms with you that the coverage modification or claim has been processed and submitted to the insurance company.

While use of an email disclaimer doesn’t represent a silver bullet against an E&O claim or dispute, it’s (1) a simple measure to employ; (2) represents one more line of defense in an increasingly litigious world; and (3) comes at a very affordable price – $0.00.

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.